KUALA LUMPUR: The Federal Court will hear Datuk Seri Anwar Ibrahim’s questions on the constitutionality of the National Security Council Act (NSCA) 2016.
This follows the decision of High Court judge Datuk Nordin Hassan after he allowed the Port Dickson Member of Parliamet's application to refer constitutional questions in relation to Anwar’s lawsuit to invalidate the NSCA to the Apex Court.
The court has also made slight amendments to the questions.
Counsel J. Leela, who represented Anwar, said the judge had agreed for the questions to be referred pursuant to Section 84 of the Courts of Judicature Act 1964.
“Now we will wait for the Federal Court to fix a date (for the matter to be heard),” she after the matter came up in chambers.
The amended questions are whether the provisions of the written law, which are Section 12 of the Constitution (Amendment) Act 1983, Section 2 of the Constitution (Amendment) Act 1984, and Section 8 of the Constitution (Amendment) Act 1994, are unconstitutional, null and void and of no effect, on the grounds that they violate the basic structure of the Federal Constitution.
Another question is whether the NSC Act 2016 is unconstitutional, null and void and of no effect on grounds that
* It became law pursuant to unconstitutional amendments;
* It was not enacted in accordance with Article 149 of the Federal Constitution; and
* It violates freedom of movement guaranteed by Article 9(2) of the Constitution.
On Aug 2, 2016, Anwar launched an originating summons to challenge whether the NSCA, passed by Parliament in December 2015 , was unconstitutional.
In his suit, Anwar is seeking to invalidate the NSCA on grounds that the Yang di-Pertuan Agong’s assent is required for the passing of the security law.
He claimed that the provision of Article 66 (4A) of the Federal Constitution - which permits a parliamentary bill to automatically become law 30 days after it is presented to the Yang di-Pertuan Agong, regardless of whether he assents to it or not - is invalid.
In early 2016, the National Security Council Bill was presented to the Yang di-Pertuan Agong, who did not give his assent, and had given recommendations for amendment to the bill.
The NSC Act was gazetted on July 7, 2016, and came into effect on Aug 1 the same year.
The law seeks to strengthen the coordination of intelligence, establish a swift response mechanism, and if it is in the interests of national security, to enable the establishment of a security area for six months.